> Injunction on Acts of Copyright Infringement and Claim for Damages Against Bar Operator

News Releases

February 1, 2018
Japanese Society for Rights of Authors,
Composers and Publishers
(JASRAC)

Injunction on Acts of Copyright Infringement and Claim for Damages Against Bar Operator

Today, JASRAC filed an action with the Tokyo District Court requesting prohibition of use (cessation) of copyright works administered by JASRAC (hereinafter called “JASRAC repertoire”) at the venue "Wine Bar Climat", and a claim of damages against Walnuts Ltd. (Head office: Minato-ku, Tokyo) and its representative. The bar located in Minato-ku, Tokyo, had been using JASRAC repertoire during live music performances without authorization.

The bar in question has repeatedly been using JASRAC repertoire without authorization for piano or vocal during live music performances since its opening in November 2002, in spite of repeated approaches by JASRAC. In response, JASRAC filed for civil mediation with the Tokyo District Court against Walnuts Ltd. in January 2017, with the request to cease unauthorized use at the bar and pay the amount equivalent to the usage fee for the period JASRAC repertoire was used without authorization. The company refused to pay the amount equivalent to the usage fee, and the mediation failed in June the same year. After that, the company has continued to infringe on the copyright of JASRAC repertoire at the bar by performing such works without obtaining a license from JASRAC.

Given the fact that most operators of venues that provide live music performances have concluded license agreements with JASRAC to use music legally, for the sake of fairness as well, JASRAC filed the lawsuit.